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the Mid-Term Review package. <br />West Portal Area -The fire in the East Mine area necessitated the development of <br />this area in 1986. The portal face-up is located in a steep slope area. The face-up <br />material was FR~laced in a fill located downslope of the entry and over an intermittent <br />stream. The stream has been culverted using a 48 inch CMP. Daily construction <br />records indicate that material placement, compaction rates, lift thickness, culvert <br />installation were accomplished in accordance with the permit requirements. The fill <br />has been certified as being constructed in accordance with the approved design. <br />The problem, however, is that this type of placement of material on the downslope <br />does not appear to be allowed under the current Colorado approved program. <br />Federal Regulations at 30CFR 817.71(k) allow for the placement of spoil resulting <br />from underground face-up operations as part of a cut and fill structure if it is less <br />than 400 feet in horizontal length and designed in accordance with 817.71. The <br />author cannot, however, find a counterpart regulation in the Colorado program. <br />As stated above, it appears as though the fill was properly designed and <br />constructed. No sign of instability was noted. Vegetation of the fill slopes has <br />become established and terraces are functioning properly. Culvert appears to have <br />handled past events without problem. The fill outslopes have been approved as a <br />SAE. MLRD is addressing the required demonstrations for all SAE's in the Mid- <br />Term Review. <br />AFO will need to conduct additional research into this situation with MLRD. <br />Specifically, how was the approval for the West mine fill accomplished under the <br />current Colorado program? <br />Wind blown coal fines from a small coal stockpile located on the portal bench have <br />been deposited on the outslope of the fill. This condition extends approximately 15 <br />to 20 feet downslope. Remedial measures were already underway at the time of <br />this inspection. A silt fence has been installed at the top of the fill slope to trap the <br />fines. If this proves ineffective MLRD will require a more long term solution. <br />Surtace drainage from the portal bench is controlled by a siltation structure(NPDES <br />outtall No. 6). An April discharge from this structure exceeded TSS. MLRD and <br />Health were co-ordinating possible enforcement action at the time of this <br />inspection. No discharge was occurring during this inspection. <br />Post-Mining land use for the West Mine area is grazing/wildlife ~` <br />Highway Coal Stockpile Area and Silo Area -Surtace drainage is directed to <br />siltation structures for both of these areas. The pond serving the stockpile area has <br />